[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1738 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1738

 To amend the Homeland Security Act of 2002 to direct the Secretary of 
 Homeland Security to modernize and implement the national integrated 
   public alert and warning system to disseminate homeland security 
       information and other information, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2015

  Mr. Bilirakis (for himself, Mr. McCaul, and Mrs. Brooks of Indiana) 
 introduced the following bill; which was referred to the Committee on 
 Homeland Security, and in addition to the Committee on Transportation 
 and Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to direct the Secretary of 
 Homeland Security to modernize and implement the national integrated 
   public alert and warning system to disseminate homeland security 
       information and other information, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Integrated Public Alert and Warning 
System Modernization Act of 2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) numerous proven and tested technologies exist to enable 
        the Federal Government to update and modernize its 
        dissemination of public alerts and warnings;
            (2) the expected benefits of these enhancements include--
                    (A) greater security, effectiveness, reliability, 
                integration, flexibility, comprehensiveness, and 
                redundancy of the Federal Government's alert and 
                warning capabilities;
                    (B) rapid alert dissemination;
                    (C) an improved ability to notify remote locations;
                    (D) an improved ability to notify individuals with 
                disabilities; and
                    (E) the ability to geographically target and 
                deliver alerts and warnings through multiple 
                communication modes;
            (3) there is a need to test the viability of delivering 
        messages through diverse communications modes to effectively 
        alert and warn the public;
            (4) there is a need to update, modernize, and improve the 
        ability of the Federal Government to provide residents of the 
        United States with timely and effective warnings;
            (5) although significant Federal integration efforts are 
        underway, the aggregation, dissemination, and reporting system 
        necessary for effective public alert and warning will require 
        an integrated national network for flexible, reliable, secure, 
        and authenticated dissemination of emergency alerts and 
        warnings by Federal, State, local, and tribal entities that are 
        authorized to issue alerts to the public;
            (6) there is a need to ensure that alerts and warnings are 
        accessible to people with disabilities, particularly with 
        sensory disabilities; and
            (7) States and urban areas should be allowed to utilize 
        homeland security grants for the purposes of updating and 
        modernizing public alert and warning capabilities.

SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
              MODERNIZATION.

    (a) In General.--
            (1) Amendment.--Title V of the Homeland Security Act of 
        2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of 
        the following new section:

``SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
              MODERNIZATION.

    ``(a) In General.--In order to provide timely and effective 
warnings and disseminate homeland security information and other 
information, the Secretary shall, considering the recommendations of 
the advisory committee established under subsection (d), update, 
modernize, and implement the national integrated public alert and 
warning system.
    ``(b) Implementation Requirements.--In carrying out subsection (a), 
the Secretary shall--
            ``(1) establish or adapt, as appropriate, common alerting 
        and warning protocols, standards, terminology, and operating 
        procedures for the integrated public alert and warning system;
            ``(2) include in the integrated public alert and warning 
        system the capability to adapt the dissemination of homeland 
        security information and other information, and the content of 
        communications, on the basis of geographic location, risks, and 
        multiple communications systems and technologies, as 
        appropriate;
            ``(3) to the extent technically feasible, include in the 
        national integrated public alert and warning system the 
        capability to alert, warn, and provide the equivalent amount of 
        information to--
                    ``(A) individuals with limited English proficiency 
                skills;
                    ``(B) individuals with disabilities, particularly 
                sensory disabilities; and
                    ``(C) individuals with other access or functional 
                needs;
            ``(4) ensure training, tests, and exercises for the 
        integrated public alert and warning system, and that the system 
        is incorporated into other training and exercise programs of 
        the Department, as appropriate;
            ``(5) ensure that a comprehensive and periodic training 
        program, consistent with the principles of, and integrated 
        with, the National Incident Management System and in support of 
        the National Preparedness System, for receiving and 
        disseminating the integrated public alert and warning system 
        messages utilizing advanced technologies is provided to State, 
        local, tribal, and other homeland security stakeholders 
        involved in the transmission of such messages;
            ``(6) conduct periodic nationwide tests of the integrated 
        public alert and warning system, at least once every 5 years; 
        and
            ``(7) consult, coordinate, and cooperate, to the extent 
        practicable, with other Federal agencies and departments and 
        with State, local, and tribal governments, the private sector, 
        and other key stakeholders to leverage existing alert and 
        warning capabilities.
    ``(c) System Requirements.--The Secretary shall ensure that the 
system--
            ``(1) incorporates redundant, diverse modes to disseminate 
        homeland security information and other information in warning 
        messages to the public so as to reach the greatest number of 
        individuals in the intended area or location;
            ``(2) can be adapted to incorporate emerging and future 
        technologies, including social media;
            ``(3) is reliable, resilient, and secure, and can withstand 
        acts of terrorism, hazards, and other external attacks or 
        dangers;
            ``(4) is, to the greatest extent practicable, hardened 
        against cyber attacks;
            ``(5) promotes State, local, tribal, and regional 
        partnerships to enhance coordination;
            ``(6) to the extent technically feasible, is designed to 
        provide alerts that are accessible to the largest portion of 
        the affected population, including nonresident visitors and 
        tourists, individuals with limited English proficiency skills, 
        and individuals with disabilities, particularly sensory 
        disabilities, or other access or functional needs; and
            ``(7) is designed to improve the ability of affected 
        populations in remote areas and areas with underdeveloped 
        telecommunications infrastructure to receive alerts.
    ``(d) Privacy Protection.--The Secretary, in consultation with the 
Department's Chief Privacy Officer, shall produce a Privacy Impact 
Assessment every 5 years to evaluate whether the technology of the 
national integrated public alert and warning system has implications on 
the privacy rights of citizens of the United States.
    ``(e) Integrated Public Alert and Warning System Modernization 
Advisory Committee.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Integrated Public Alert and Warning System 
        Modernization Act of 2015, the Secretary shall establish an 
        advisory committee to be known as the Integrated Public Alert 
        and Warning System Advisory Committee (in this subsection 
        referred to as the `Advisory Committee').
            ``(2) Membership.--The Advisory Committee shall be composed 
        of the following members:
                    ``(A) The Chairman of the Federal Communications 
                Commission (or the Chairman's designee).
                    ``(B) The Administrator of the National Oceanic and 
                Atmospheric Administration (or the Administrator's 
                designee).
                    ``(C) The Assistant Secretary for Communications 
                and Information of the Department of Commerce (or the 
                Assistant Secretary's designee).
                    ``(D) The Director of the United States Geological 
                Survey (or the Director's designee).
                    ``(E) The Under Secretary for Science and 
                Technology of the Department of Homeland Security (or 
                the Under Secretary's designee).
                    ``(F) The Under Secretary for Cybersecurity and 
                Communications of the Department of Homeland Security 
                National Protection and Programs Directorate.
                    ``(G) The Director of the Office of Disability 
                Integration and Coordination of the Federal Emergency 
                Management Agency.
                    ``(H) The following members, to be appointed by the 
                Secretary as soon as practicable after the date of 
                enactment of the Integrated Public Alert and Warning 
                System Modernization Act of 2015 for a term established 
                by the Secretary that does not exceed 5 years:
                            ``(i) Representatives of State and local 
                        governments, representatives of emergency 
                        management agencies, representatives of 
                        emergency response providers, and 
                        representatives of emergency communications 
                        providers, selected from among individuals 
                        nominated by national organizations 
                        representing governments and personnel.
                            ``(ii) Representatives from federally 
                        recognized Indian tribes and national Indian 
                        organizations.
                            ``(iii) Individuals who have the requisite 
                        technical knowledge and expertise to serve on 
                        the Advisory Committee, including 
                        representatives of--
                                    ``(I) communications service 
                                providers;
                                    ``(II) vendors, developers, and 
                                manufacturers of systems, facilities, 
                                equipment, and capabilities for the 
                                provision of communications services;
                                    ``(III) the broadcasting industry;
                                    ``(IV) the commercial mobile radio 
                                service industry;
                                    ``(V) the cable industry;
                                    ``(VI) the satellite industry;
                                    ``(VII) consumer or privacy 
                                advocates;
                                    ``(VIII) national organizations 
                                representing individuals with 
                                disabilities and access and functional 
                                needs;
                                    ``(IX) national organizations 
                                representing the elderly; and
                                    ``(X) national organizations 
                                representing educational institutions, 
                                including higher education.
                            ``(iv) Qualified representatives of such 
                        other stakeholders and interested and affected 
                        parties as the Secretary considers appropriate.
            ``(3) Chairperson.--The Secretary (or the Secretary's 
        designee) shall serve as the Chairperson of the Advisory 
        Committee.
            ``(4) Meetings.--
                    ``(A) Initial meeting.--The initial meeting of the 
                Advisory Committee shall take place not later than 150 
                days after the date of enactment of the Integrated 
                Public Alert and Warning System Modernization Act of 
                2015.
                    ``(B) Other meetings.--After the initial meeting, 
                the Advisory Committee shall meet, at least annually, 
                at the call of the Chairperson.
                    ``(C) Notice; open meetings.--Meetings held by the 
                Advisory Committee shall be duly noticed at least 14 
                days in advance and shall be open to the public.
            ``(5) Rules.--The Advisory Committee may adopt such rules 
        as are necessary to carry out its duties.
            ``(6) Consultation with nonmembers.--The Advisory Committee 
        and the program office for the integrated public alert and 
        warning system of the United States shall regularly meet with 
        groups that are not represented on the Advisory Committee to 
        consider new and developing technology that may be beneficial 
        to such system, such as--
                    ``(A) the Defense Advanced Research Projects 
                Agency;
                    ``(B) entities engaged in federally funded 
                research; and
                    ``(C) academic institutions engaged in relevant 
                work and research.
            ``(7) Recommendations.--The Advisory Committee may develop 
        and submit in the annual reports under paragraph (8) 
        recommendations for the continuation and improvement of an 
        integrated public alert and warning system, including--
                    ``(A) recommendations for common alerting and 
                warning protocols, standards, terminology, and 
                operating procedures for such system;
                    ``(B) an assessment of the accomplishments and 
                deficiencies of such system, including its 
                accessibility for individuals with disabilities, and 
                the impact on current alert and warning systems;
                    ``(C) recommendations for increasing participation 
                in such system, particularly among elementary, 
                secondary, and higher education institutions; and
                    ``(D) recommendations for improvements to such 
                system, including recommendations to provide for a 
                public alert and warning system that--
                            ``(i) has the capability to adapt the 
                        distribution and content of communications on 
                        the basis of geographic location, risks, 
                        multiple communication systems and 
                        technologies, as appropriate;
                            ``(ii) has the capability to alert and warn 
                        individuals with disabilities, particularly 
                        sensory disabilities, or access or functional 
                        needs, and individuals with limited English 
                        proficiency;
                            ``(iii) incorporates multiple 
                        communications technologies;
                            ``(iv) is designed to adapt to, and 
                        incorporate, emerging and future technologies 
                        for communicating directly with the public;
                            ``(v) is hardened and resilient, to the 
                        greatest extent practicable, with respect to 
                        cyber attacks;
                            ``(vi) encourages proper use by State and 
                        local governments of such system through 
                        training programs and other means;
                            ``(vii) is designed to provide alerts to 
                        the largest portion of the affected population 
                        feasible, including nonresident visitors and 
                        tourists, and improve the ability of remote 
                        areas to receive alerts;
                            ``(viii) promotes local and regional public 
                        and private partnerships to enhance community 
                        preparedness and response;
                            ``(ix) promotes the participation of 
                        representatives from underserved and 
                        underrepresented communities, to ensure that 
                        alerts and warnings reach such populations; and
                            ``(x) provides redundant alert mechanisms 
                        where practicable so as to reach the greatest 
                        number of people regardless of whether they 
                        have access to, or utilize, any specific medium 
                        of communication or any particular device.
            ``(8) Report.--Not later than 1 year after the date of 
        enactment of the Integrated Public Alert and Warning System 
        Modernization Act of 2015, and every year thereafter, the 
        Advisory Committee shall submit to the Secretary a report 
        containing the recommendations of the Advisory Committee.
            ``(9) Federal advisory committee act.--Neither the Federal 
        Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or 
        regulation promulgated under that Act shall apply to the 
        Advisory Committee.
    ``(f) Report.--Not later than 1 year after the date of the 
establishment of the Advisory Committee, and every year thereafter, the 
Secretary shall submit to the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate, a report on the functionality and performance of 
such system, including--
            ``(1) the recommendations of the most recent Advisory 
        Committee report under subsection (e)(8), what recommendations 
        under subsection (e)(8) the Secretary has implemented to 
        modernize the public alert and warning system, and if any such 
        recommendations identified under subsection (e)(8) were not 
        implemented, why the Secretary chose not to implement such 
        recommendations;
            ``(2) an assessment of the accomplishments and deficiencies 
        of the system;
            ``(3) an assessment of the cybersecurity of the system, 
        including any relevant vulnerability assessments;
            ``(4) recommendations based on lessons learned during 
        events in which the system was utilized;
            ``(5) recommendations for improvements to the system;
            ``(6) information on the feasibility and effectiveness of 
        disseminating homeland security information and other 
        information, notices, and alerts prior to and following an 
        incident requiring use of the system; and
            ``(7) information on any innovations in or changes to the 
        national integrated public alert and warning system that result 
        in the collection of personally identifiable information.
    ``(g) Compatible Mobile Devices.--The Secretary shall--
            ``(1) make available to the public, through the Internet 
        and other appropriate means, a list of mobile devices that are 
        capable of receiving warnings and alerts disseminated through 
        the national integrated public alert and warning system; and
            ``(2) update such list as necessary, but not less often 
        than once each year.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $13,400,000 for 
each of fiscal years 2016, 2017, and 2018.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end of the items 
        relating to such title the following:

``Sec. 526. National integrated public alert and warning system 
                            modernization.''.
    (b) Limitation on Statutory Construction.--
            (1) In general.--Nothing in this Act (including the 
        amendments made by this Act) shall be construed--
                    (A) to affect the authority of the Department of 
                Commerce, the authority of the Federal Communications 
                Commission, or the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
                    (B) to provide the Secretary of Homeland Security 
                authority to require any action by the Federal 
                Communications Commission, the Department of Commerce, 
                or any nongovernment entity, or to affect any existing 
                obligations of those entities;
                    (C) to apply to, or provide the Secretary of 
                Homeland Security any authority over, any participating 
                commercial mobile service provider; or
                    (D) to alter in any way the wireless emergency 
                alert service created pursuant to the Warning, Alert, 
                and Response Network Act (47 U.S.C. 1201 et seq.) or 
                related orders of the Federal Communications Commission 
                issued after the date of enactment of that Act.
            (2) Participating commercial mobile service provider 
        defined.--For purposes of this subsection, the term 
        ``participating commercial mobile service provider'' has the 
        same meaning as such term has in section 10.10(f) of title 47, 
        Code of Federal Regulations, as in effect on the date of the 
        enactment of this Act.
    (c) Homeland Security Grants.--Section 2008(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) improving public alert and warning capabilities; 
        and''.
                                 <all>